Special City Commission Meeting - July 23, 2024

The Sarasota City Commission held a special meeting on July 23, 2024, beginning at 2:03 PM and adjourning at 3:25 PM, to set the preliminary millage rates for Fiscal Year 2024-2025 and to receive a report on the Ziegler v. City of Sarasota lawsuit. The meeting featured public comment, budget discussion, and a consensus not to appeal a court judgment.

Public Comments & Testimony

• David Lough, a Rosemary District resident, presented a PowerPoint on funding for Boulevard of the Arts and 10th Street capital improvement projects. He recommended dividing projects into modules, using multimodal transportation impact fees, and urged the city to move forward with these projects, which have been unfunded for three years. He also noted that Fruitville Road improvements lack funding and called for progress.

Discussion Items

• Preliminary Millage Rates (Item II.1): Financial Administration Director Kelly Strickland presented proposed millage rates for FY2024-2025: City operating millage unchanged at 3.0000 mills; citywide debt service decreasing from 0.1580 to 0.1436 mills; Golden Gate Point Streetscape operating millage unchanged at 0.6148 mills and debt service decreasing to 0.6979 mills; and Downtown Improvement District unchanged at 2.0000 mills. The total proposed budget is $305,669,916, including 16 new positions and adjustments for CRA grants and software license reallocations. City Manager Marlon Brown recommended keeping the millage flat and using a fund balance of 26.9%, against which Vice Mayor Jen Ahearn-Koch expressed concern about dipping into reserves for a coastal city. Commissioners Erik Arroyo, Debbie Trice, and Kyle Battie spoke in favor of the proposed budget and the City Manager's leadership. A motion to approve the preliminary millage rates carried 5-0.
• Ziegler Lawsuit (Item II.2): City Attorney Robert Fournier reported on a lawsuit filed in March 2024 by Christian and Bridget Ziegler against the City and the State Attorney's Office regarding electronically stored information (ESI) obtained by Sarasota Police Department during a sexual battery investigation. The court entered a final judgment on July 1, 2024, finding three search warrants (cell phone, Google, Instagram) overbroad and violating the Fourth Amendment's particularity clause, ruling the ESI is not a public record and must be destroyed. Fournier recommended not appealing, citing five reasons: uncertain success, no future criminal trial, reversal would put the city back in the middle of public records disputes, no guarantee of avoiding damages, and pending crossclaims from media intervenors. Commissioners questioned attorneys' fees, record destruction, and potential future lawsuits. The Commission reached consensus not to file an appeal.

Key Outcomes

• Approval of Preliminary Millage Rates: The Commission voted 5-0 to approve the preliminary millage rates for the City of Sarasota, Golden Gate Point Streetscape District, and Downtown Improvement District for FY2024-2025, and authorized staff to communicate rates to the Sarasota County Property Appraiser.
• No Appeal in Ziegler Case: The Commission reached consensus not to appeal the final judgment. City records will be preserved pending any appeal by intervenors; if no appeal is filed, records will be destroyed per court order.
• Future Engagement on Budget Process: Vice Mayor Ahearn-Koch suggested adding a citizen input opportunity earlier in the budget process. Mayor Alpert indicated this would be a future agenda item.